Legal Question in Real Estate Law in Virginia
Neighbor's tree root system
The neighbor's tree roots has broken up my sidewalk next to my house. I fear the roots will also get into the foundation of my house causing perminant damage, by cracking the walls of my brick home. He has agreed to allowing me to remove the tree at my expense. Is he liable for any of the removal cost? If so what portion?
1 Answer from Attorneys
Re: Neighbor's tree root system
In considering this question, it's instructive to keep in mind that if the damage was foreseeable and nothing was done to prevent it, your neigbor would very likely be liable for all such damages which were incurred by your property from his tree and its errant roots.
Knowing that basic legal principle, it would appear not unreasonable that he now contribute at least 50% of your costs in removing the tree now in order to prevent further damage to your property in the near future.
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